Partner visas
De Facto Partner Visa Australia: Eligibility, Evidence and Application Guide
How the de facto partner visa works in Australia: the 12-month rule, exceptions, relationship evidence and application steps—with guidance from immigration solicitors.
Updated October 2026 · 22 min read min read
De facto partner visa enquiry
Table of Contents
What counts as a de facto relationship?
Use this checklist to test your relationship against the four core elements. The same tests apply whether you apply onshore or offshore. See our partner visa overview.
Mutual commitment to a shared life
- You and your partner both see the relationship as a long-term commitment, not a casual or temporary arrangement.
- The relationship is exclusive. Neither of you is in a comparable relationship with anyone else.
- Your plans point the same way—where you will live, how you will support each other, and what you want your future to look like.
- You can show the commitment in practice, such as joint finances, shared responsibilities, or each of you being named in the other's important affairs.
A genuine and continuing relationship
- The relationship is real and ongoing. It is not arranged to obtain a visa.
- You can document it across several areas—not just one. The usual areas are finances, the household, social life, and the nature of your commitment.
- Financial evidence shows real interdependence. Examples include a joint account in regular use, transfers between you, pooled funds for purchases, joint loans, or shared household bills.
- Friends and family know you as a couple and can say so in their own words. Statutory declarations (often Form 888) are commonly used for this.
- Your dates, addresses, and relationship timeline are consistent across every document and statement.
- Any gaps or separations in your history can be explained and backed by evidence.
Living together or not living apart permanently
- You share a home now, or you did for the relevant period.
- If you spend time apart, the reason is temporary or practical. Work, study, family duties, visa limits, or cultural factors are typical reasons.
- Neither of you has ended the relationship or settled into a permanent separation.
- You can show that you stayed connected during any time apart, through regular contact, visits, and shared plans.
- You have the 12 months of the relationship that is generally required before you lodge, or you can point to an exception.
- If you are relying on an exception, you know which one applies—compelling or compassionate circumstances, or relationship registration under a state or territory scheme.
Not married to or related to each other, and both aged 18 or over
- You are not married to each other. A de facto relationship is for couples who have not formally married.
- You are not related by family.
- Both of you are 18 or over.
- Your relationship is treated the same way whether you are a same-sex or opposite-sex couple.
A missing tick doesn't always mean you can't apply. Short relationships, long periods apart, and past visa refusals or cancellations raise issues that need individual advice.
The 12-month de facto requirement and its exceptions
How the 12 months is counted
- The baseline rule. A de facto couple generally has to show their relationship met the de facto definition for at least 12 months before the partner visa application is lodged.
- The clock runs up to lodgement. The period is measured back from the day you apply.
- Dating a relationship is not the same as dating a de facto relationship. The 12 months counts from when you were in a mutual commitment to a shared life, living together or at least not living separately and apart on a permanent basis.
- Evidence should cover the whole period. Joint finances, shared household costs, and statements from friends and family help show continuity. See our partner visa overview.
- The rule applies to both pathways. It is relevant whether you apply onshore or offshore.
When the 12-month requirement may not apply
- Registered relationships. If the relationship is registered under relevant state or territory law, the 12-month requirement may not apply. See relationship registration.
- Compelling or compassionate circumstances. The requirement may be waived in some cases—for example Australian citizen children of the relationship, serious illness, or impact on the sponsor's health or welfare.
- Humanitarian visa exception. A further exception may exist for some people who hold certain humanitarian visas.
- Get advice before lodging early. Applying on the strength of an exception without strong evidence risks a refusal.
Which partner visas can a de facto couple apply for?
De facto couples generally apply under the partner visa programme. Which pathway applies depends mainly on where the applicant is when the application is lodged. For de facto applicants, the relationship generally must have existed for at least 12 months before lodging, unless an exception applies .
Onshore: Partner visa (subclass 820 and 801)
Offshore: Partner visa (subclass 309 and 100)
Other visas that may require a de facto relationship
Applicant and sponsor requirements
- You and your partner must not be married to each other, and you must both be at least 18.
- The relationship must be genuine and continuing, with a mutual commitment to a shared life to the exclusion of all others.
- You should live together, or time apart must be temporary and the relationship ongoing.
- The usual rule is at least 12 months as a de facto couple when you apply . Exceptions may apply—see relationship registration.
- To apply from within Australia you must be in the country at lodgement—see onshore. If outside Australia, see offshore.
- Condition 8503 can bar an in-Australia application unless waived .
- Without a substantive visa, a valid application may need to be made within 28 days of your last substantive visa ending .
- Prior visa refusals or cancellations may require extra declarations—get legal advice before lodging.
How to prove a de facto relationship
Immigration decision-makers look at the relationship as a whole. Evidence is usually grouped under four headings . Our partner visa evidence checklist lists what to gather.
Financial aspects
Joint bank accounts — Statements showing both of you using the account regularly
Money moving between you — Transfers and shared payments show intertwined finances.
Shared debts and commitments — Joint loans and split household costs point to interdependence.
Household aspects
One address — Lease, mortgage or utilities naming both of you.
Shared living arrangements — Bills, subscriptions and joint purchases for the home.
Explaining time apart — Temporary separations need context and evidence the relationship continued.
Social aspects
Seen as a couple — Photos, trips and invitations addressed to you both over time.
Statements from people who know you — Form 888 declarations from friends and family
Shared community life — Messages, call records and family involvement
Commitment aspects
Your relationship story — Personal statements from each partner on milestones and separations.
Plans for a shared future — Travel bookings, property plans or arrangements made together.
Knowing each other — Beneficiary nominations and emergency contacts reinforce a shared life.
If your relationship is under 12 months old, exceptions or relationship registration may apply .
Documents to prepare for your application
Use this as a working checklist. Requirements vary—have a solicitor check the final bundle before you lodge.
Relationship evidence
Organise documents by date across financial, household, social and commitment factors. Most applicants need 12 months unless an exception applies .
Financial
- Joint bank account statements showing regular, ongoing use
- Records of transfers between you and your partner
- Receipts or records of purchases made with pooled funds
- Joint loans, credit cards or other shared liabilities
- Proof of shared household expenses
Household, social and commitment
- Joint lease or mortgage, or mail at the same address
- Utility or insurance accounts in both names
- Dated photos and travel records; invitations addressed to you as a couple
- Personal statements from each partner on milestones and separations
- Wills, insurance or super nominations naming each other
Statutory declarations (Form 888)
- At least two declarations from friends or family who know you as a couple
- Each declaration signed and witnessed by an authorised person
- Timing rules may apply if you hold no substantive visa and have had a refusal or cancellation
Identity, sponsor, children, health and character
- Certified passport and birth certificates; sponsor status evidence
- Children: birth certificates, Form 1229, adult dependence evidence if applicable
- Medical examination and police certificates as required
- Form 80 if requested; record of past visa refusals or cancellations
When the relationship began and periods living apart
Check your dates before you lodge. The 12-month de facto period generally runs from when you started living a shared life, not from when you met or began dating . Time apart for work, study or family reasons can be accepted if temporary and the relationship carried on . If you are short of 12 months, registering your relationship may be an option.
Temporary and permanent stages: subclass 820 then 801
Temporary visa stage
- Subclass 820 is the onshore temporary partner visa—you must be in Australia when you lodge. See onshore partner visas.
- Most de facto couples need 12 months together at application unless an exception applies.
- The Department assesses whether the relationship is genuine and continuing.
Permanent visa stage
- Subclass 801 is assessed after the 820, usually more than two years after lodgement .
- Sooner assessment may apply with three years together at lodgement, or two years with a dependent child .
- If the relationship ends or family violence occurs before grant, get legal advice promptly.
How to apply for a de facto partner visa
Each step below comes before the next, and the earlier ones decide how strong your application will be on the day you lodge.
Confirm the relationship meets the de facto test
Check genuineness, shared life, living together or not permanently apart, and the usual 12 months before lodging unless an exception applies .
Choose the right application pathway
Onshore (820/801) if you are in Australia; offshore (309/100) if outside .
Check your sponsor and your visa history
Eligible sponsor status, condition 8503, gaps after substantive visas, and prior refusals or cancellations
Gather evidence across the whole relationship
Financial, household, social and commitment documents in date order with consistent details
Obtain statutory declarations
Usually at least two Form 888 declarations from people who know you as a couple .
Write your personal statements
Each partner should cover how you met, milestones, time apart and future plans.
Lodge the application online
ImmiAccount, visa charge and certified uploads .
Complete health and character requirements
Medical examination, police certificates and Form 80 if requested.
Plan for the second stage
Permanent assessment timing and exceptions for long relationships or dependent children
If your application is refused, act quickly
Review rights have strict time limits
Situations where you should get legal advice before lodging
Book a legal advice session before you lodge if any of the situations below apply. Each one can limit whether you can apply, where you can apply, or what you need to prove.
No substantive visa, or a previous refusal or cancellation
- You no longer hold a substantive visa, or your last one ended some time ago .
- You have had any visa refused or cancelled in the past.
- Form 888 declarations may need to be completed close to lodgement in some cases.
Visa condition 8503 (No Further Stay)
- Your current or most recent visa carries condition 8503 .
- You plan to apply from inside Australia.
- You are unsure whether a waiver is realistic or offshore lodgement would be safer.
Sponsorship limitations or compelling circumstances
- Uncertain sponsor status or prior sponsorship history.
- Under 12 months together and relying on registration or compelling circumstances.
- Relationship breakdown or family violence while an application is pending—get advice promptly.
For a broader view, see the partner visa overview.
Common reasons de facto applications are weak
Relationship start date counted too early
Couples often count from the first date rather than a genuinely shared life, which can leave them short of 12 months .
Exemption assumed rather than established
Registration or compelling circumstances only help if the facts fit—check relationship registration before assuming it applies.
Financial evidence that shows little shared responsibility
Separate accounts with no joint bills or transfers leave a gap.
Household evidence that doesn't line up
Different addresses across leases, utilities and forms raise doubts about shared living.
Social evidence that comes only from the couple
Photos alone carry less weight than third-party statements and invitations addressed to both partners.
Unexplained periods apart
Acceptable separations still need explanation and proof the relationship continued.
Inconsistent statements and dates
Disagreements between forms, statements and documents undermine credibility.
Evidence bunched into recent months
Little covering the earlier relationship makes it hard to see how commitment developed.
A relationship that appears to follow visa planning
Document the full history openly if the relationship began around visa planning.
Cultural or practical limits left unexplained
Say so and support with other evidence where fewer shared documents exist.
Whether you apply onshore or offshore, these gaps are easier to fix before lodgement than after.
De facto partner visa FAQs
Eligibility, the 12-month rule, evidence, onshore and offshore pathways, and when to get legal advice.
You and your partner are not married to each other and are not related. Together you need to show a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and that you live together or at least do not live separately and apart on a permanent basis . The Department looks at the whole relationship, not one document. See our [partner visa overview](/services/partner-visas/overview) for how this fits into the wider application.
As a general rule, you must have been in a de facto relationship for 12 months before you lodge . Exceptions can apply, including registering the relationship under a state or territory scheme or compelling or compassionate circumstances. See our [relationship registration](/services/partner-visas/relationship-registration) page.
Not necessarily either. A de facto relationship starts when the elements above are in place—a committed shared life, not just dating. For many couples that point is later than the first date, and sometimes earlier than moving into one address .
Generally you should be living together, or at least not living apart on a permanent basis. Short separations for work, study or family reasons are not automatically a problem, but you should explain them and show the relationship continued.
Aim to cover financial, household, social and commitment factors—joint accounts, shared bills, photos and travel, statutory declarations from people who know you as a couple . There is no fixed minimum amount of shared money you must show.
No. Same-sex and opposite-sex de facto relationships are assessed in the same way. For issues specific to LGBTQ+ couples, see our [LGBTQ+ partner visa page](/services/partner-visas/lgbtq).
Both pathways exist. See our pages on [onshore partner visas](/services/partner-visas/onshore) and [offshore partner visas](/services/partner-visas/offshore).
Partner visas are assessed in two stages. The temporary visa (subclass 820 onshore) comes first. A second assessment for the permanent visa (subclass 801) usually happens more than two years after you applied . You may move to permanent sooner if your relationship was three years old at lodgement, or two years with a dependent child .
It depends on your history. Condition 8503 can block an onshore application unless waived; other limits apply without a substantive visa or after refusal or cancellation . Get advice before you lodge.
Get legal advice as soon as you can. Your options depend on the stage of your application and your circumstances.
Review rights may be available, but time limits are strict . Speak to a lawyer straight away after a refusal.
Government charges and processing times change—check current Department figures before you plan .
Yes. M2 Migration is a firm of solicitors and migration lawyers. We can assess whether you meet the de facto requirement, advise on exceptions, and prepare your application and evidence .
Related partner visa guides
Start with the guide that matches your situation, or read the overview first.
- Partner visas overview
How partner visa pathways compare and where a de facto relationship fits.
- Onshore partner visa
Applying while the applicant is in Australia.
- Offshore partner visa
Applying while the applicant is outside Australia.
- Relationship registration
How state registration can affect a de facto application.
- Prospective marriage visa
For engaged couples not yet married or in a de facto relationship.
- LGBTQ+ partner visas
Partner visa guidance for same-sex and gender-diverse couples.
Book a consultation with M2 Migration solicitors
Talk to a migration solicitor about your relationship, whether you meet the de facto requirements, and how to present your evidence before you lodge.
Or email us at info@m2migration.com.au